Notice for Class Action Lawsuit

Posted on Friday, February 9th, 2018 at 9:01 am    

Notice for Class Action Lawsuit

Once a class action has been filed the parties and the court work at identifying all the individuals who may be included in the class. All these efforts are put together in order to notify each class member of the existence of the legal action. According to Federal Rules of Civil Procedure, the court must ensure that class members receive the most effective notice practicable. This includes individual notices to each and every member who can be identified through reasonable effort. The notice must contain, in clearly and concisely stated in plain, and easily understood language, certain information including:

  •  the nature of the case
  • The right to opt out of the class
  • The binding effect that any settlement or judgement will have on each member of the class

If you have received a notice of class action lawsuit it is important to realize the implications of such a notice. By receiving the notice you have already been identified as belonging to the class of individuals who are included in the lawsuit. As a result, this means that you will receive notice of settlement of a class action if the parties agree to settle the case. As a member of the class action you will be entitled to your portion of whatever relief is agreed upon once the settlement has been approved.

Opting out 

Within the notice it will provide information of your rights to ask the court for an exclusion from the class. This is referred to as your right to ‘opt out’. By opting out of the class this basically means that you will not be a part of the class action. As a result you will not take part in any settlement that is agreed upon. In addition, you will not receive any portion of whatever release is agreed upon. You also will not be subject to any other resolution after class action. For example, if the class action is dismissed you are free to file your own lawsuit against the defendant.

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